DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 11-17, 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zimmermann (WO 2016113341 A1).
Regarding claim 11, Zimmermann teaches an arrangement for electrically actuating a door of a vehicle from an inside of the vehicle with a mechanical emergency actuation, the arrangement comprising:
an operating element (6);
an electrical switching element (S) configured to electrically actuate a door lock of the vehicle door;
a power supply (power provided for electric motors and sensors) coupled to the operating element and the electrical switching element;
an electrically activated switching actuator (9); and
a mechanical emergency actuation element (3) held in a rest position by the electrically activated switching actuator,
wherein when there is a failure of the power supply, the electrically activated switching actuator (9) is deactivated and releases a kinematics mechanism (11, 14, 15) of the mechanical emergency actuation element to independently set an emergency actuation position (page. 8, lines 24-35).
Regarding claim 12, Zimmermann teaches the arrangement of claim 11, wherein the mechanical emergency actuation element (3) is coupled to the kinematics mechanism to execute a failure movement from the rest position into the emergency actuation position (page. 8, line 24- page 9, line 16).
Regarding claim 13, Zimmermann teaches the arrangement of claim 11, wherein the kinematics mechanism has a pivot point integral with a housing to release the mechanical emergency actuation element into the emergency actuation position.
Regarding claim 14, Zimmermann teaches the arrangement of claim 11, wherein the kinematics mechanism comprises a locking lever (15) and a pawl (teeth of worm holding 15) configured to hold the mechanical emergency actuation element.
Regarding claim 15, Zimmermann teaches the arrangement of claim 14, wherein the operating element is a button element (6) fixed in a carrier element (10; fixed inside indirectly), wherein the electrically activated switching actuator is joined to an inner side of the carrier element to guide the locking lever in an activated state of the electrically activated switching actuator (fig. 3).
Regarding claim 16, Zimmermann teaches the arrangement of claim 14, wherein the mechanical emergency actuation element (3) is pre-tensioned in a rest position by a spring drive (14) of the kinematics mechanism, wherein the spring drive leans against an abutment and pushes the mechanical emergency actuation element out of the pawl when the power supply to the switching actuator fails (page. 8, line 24- page 9, line 16).
Regarding claim 17, Zimmermann teaches the arrangement of claim 15, wherein the mechanical emergency actuation element and the button element form a common mechanical actuation element (6 is mounted on 3).
Regarding claim 21, Zimmermann teaches a vehicle comprising:
a vehicle door (1); and
an arrangement (fig. 2) for electrically actuating the vehicle door from an inside of the vehicle with a mechanical emergency actuation, the arrangement comprising
an operating element (6);
an electrical switching element (S) configured to electrically actuate a door lock of the vehicle door;
a power supply (power to motors and sensors) coupled to the operating element and the electrical switching element;
an electrically activated switching actuator (9); and
a mechanical emergency actuation element (3) held in a rest position by the electrically activated switching actuator,
wherein when there is a failure of the power supply, the electrically activated switching actuator is deactivated and releases a kinematics mechanism (11, 14-15) of the mechanical emergency actuation element to independently set an emergency actuation position.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Zimmermann (WO 2016113341 A1) in view of Gebhart (DE 102019207511 B4).
Regarding claim 18, Zimmermann teaches the arrangement of claim 17, wherein the electrically activated switching actuator is connected to the common mechanical actuation element via a connecting rod-bracket device (12).
Zimmermann does not explicitly teach wherein a bracket of the connecting rod-bracket device has a heart- shaped cam configured to guide a spring element.
Gebhart teaches a similar door handle arrangement utilizing a movable switching actuator having a connecting rod bracket (4), wherein a bracket (6) of the connecting rod-bracket device has a heart-shaped cam (6.4) configured to guide a spring element (5; guides 5 through pin 6.3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zimmermann with those of Gebhart in order to utilize a heart shaped cam to guide a spring element for the connecting bracket. Utilizing a heart shaped cam provides a clear path of travel for the spring force to be directed in order to prevent any misdirected force. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Claim(s) 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmermann (WO 2016113341 A1) in view of Ewert (DE 102019104656 A1).
Regarding claim 19, Zimmermann teaches the arrangement of claim 11, however does not explicitly teach wherein the mechanical emergency actuation element is embedded ergonomically into an inner door covering.
Ewert teaches a similar door handle arrangement wherein the mechanical emergency actuation element is embedded ergonomically into an inner door covering (fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zimmermann with those of Ewert in order to incorporate the emergency actuation element into the inner door covering. By ergonomically embedding the emergency actuation element into the door the door has increased aesthetic qualities as well as providing a convenient location to operate the handle. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Regarding claim 20, Zimmermann teaches the arrangement of claim 11, however does not explicitly tach wherein the mechanical emergency actuation element is positioned on an underside of a vehicle armrest.
Ewert teaches a similar door handle arrangement wherein a mechanical emergency actuation element is positioned on an underside of a vehicle armrest (fig. 1; 22 is under the upper portion of the door which is being interpreted as an arm rest).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zimmermann with those of Ewert in order to include the mechanical emergency actuation element under the vehicle armrest. By doing so the door has increased aesthetic qualities as well as providing a convenient location to operate the handle. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES EDWARD IGNACZEWSKI whose telephone number is (571)272-2732. The examiner can normally be reached M-F 8-5 EST.
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/J.E.I./ Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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